State ex rel. Griffith v. City of Independence

Supreme Court of Kansas

State ex rel. Griffith v. City of Independence

256 P. 799, 123 Kan. 766, 1927 Kan. LEXIS 345

CourtSupreme Court of Kansas

DecidedJune 11, 1927

DocketNo. 27,646

StatusPublished

Cited by4 cases

This text of 256 P. 799 (State ex rel. Griffith v. City of Independence) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Griffith v. City of Independence, 256 P. 799, 123 Kan. 766, 1927 Kan. LEXIS 345 (kan 1927).

Pincite

Opinion

The opinion of the court was delivered by

Burch, J.:

The action was one to enjoin the leasing of the military memorial building erected in the city of Independence, pursuant to chapter 256 of the Laws of 1921. Injunction was denied, and the state appeals.

As indicated by the decision in the case of Darby v. Otterman, 122 Kan. 603, 252 Pac. 903, the legislature amended the law of 1921 by granting authority to the trustees of memorial buildings to lease them (Laws 1923, ch. 213, § 1). At the next session of the legislature the grant was withdrawn (Laws 1925, ch. 247, § 1). Bills introduced in the legislature of 1927 to restore the authority failed to pass, and the trustees of such buildings have no power to lease them.

Defendants undertake to distinguish the decision in Darby v. Otterman by calling attention to differences in character of the lessee, nature of tenancy, and terms of lease. These are incidents of exercise of possessed power, and the decision was that the trustees possess no power to exercise.

The judgment of the district court is reversed, and the cause is remanded with direction to grant the injunction.

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